Dauphin Island Gathering Partners

Original Volume No. 1

Effective Date: 12/23/1997, Docket: CP97-300-002, Status: Effective

Original Sheet No. 294 Original Sheet No. 294 : Effective

ARTICLE IX

REGULATION

9.1 This Agreement shall be subject to all applicable and

lawful governmental statutes, orders, rules and regulations

and is contingent upon the receipt and continuation of all

necessary regulatory approvals or authorizations upon terms

acceptable to Transporter. This Agreement shall be void

and of no force and effect if any necessary regulatory

approval is not so obtained or continued. All Parties

hereto shall cooperate to obtain or continue all necessary

approvals or authorizations, but no Party shall be liable

to any other Party for failure to obtain or continue such

approvals or authorizations.

9.2 The transportation service described herein shall be

provided subject to Subpart G, Part 284 of the FERC

Regulations.

ARTICLE X

RESPONSIBILITY DURING TRANSPORTATION

Except as herein specified, the responsibility for gas during

transportation shall be as stated in the General Terms and Conditions

of Transporter's FERC Gas Tariff.

ARTICLE XI

WARRANTIES

11.1 In addition to the warranties set forth in the General

Terms and Conditions of Transporter's FERC Gas Tariff,

Shipper warrants the following:

(a) Shipper warrants that all upstream and downstream

gathering and transportation arrangements are in

place, or will be in place as of the requested

effective date of service, and that it has advised

the upstream and downstream gatherers and

transporters of the Receipt and Delivery Points

under this Agreement and any quantity limitations

for each Point as specified on Exhibit "A" attached

hereto. Shipper agrees to indemnify, defend and

hold Transporter harmless for refusal to transport

gas hereunder in the event any upstream or

downstream gatherer or transporter fails to receive

or deliver gas as contemplated by this Agreement.

(b) Shipper agrees to indemnify, defend and hold

Transporter harmless from all suits, actions, debts,

accounts, damages, costs, losses and expense

(including reasonable attorneys fees) arising from

or out of breach of any warranty by Shipper herein.